What Is a Quitclaim Deed?

A Quitclaim Deed is a legal document that transfers whatever interest the grantor has in real property to the grantee.

Unlike a Warranty Deed, a Quitclaim Deed does not guarantee that the grantor owns the property free of claims or that the title is clear. It only transfers the interest, if any, that the grantor currently holds.

A Quitclaim Deed commonly includes:

• Grantor information
• Grantee information
• Property description
• Transfer language
• Consideration details
• Recording information
• Signature requirements
• Notary acknowledgment

Quitclaim Deeds are commonly used for:

• Transfers between family members
• Divorce-related property transfers
• Adding a spouse to a title
• Removing a former owner from ownership
• Transferring property to a trust
• Correcting ownership records
• Estate planning purposes

A properly prepared Quitclaim Deed helps document a change in property ownership.

Why a Quitclaim Deed Is Important

Real estate ownership changes must be properly documented to create an official record of the transfer.

A Quitclaim Deed helps:

• Transfer an ownership interest in real property
• Update county property records
• Clarify ownership changes
• Complete family property transfers
• Support estate planning transactions
• Provide written evidence of the transfer

A recorded deed creates a public record showing the change in ownership.

Before You Start Creating a Quitclaim Deed

Before preparing the document, the parties should gather accurate property and ownership information.

Important details may include:

• Grantor’s legal name
• Grantee’s legal name
• Property address
• Legal property description
• County and state information
• Parcel identification number
• Existing ownership documents
• Transfer purpose

Accurate information helps prevent recording problems or delays.

Step-by-Step Guide to Creating a Quitclaim Deed

Step 1. Identify the Grantor

The Quitclaim Deed should clearly identify the person transferring their interest.

Include:

• Full legal name
• Address
• Marital status, if required
• Current ownership information

The grantor must be properly identified because they are the person releasing their interest in the property.

Step 2. Identify the Grantee

The document should identify the person receiving the property interest.

Include:

• Full legal name
• Address
• Vesting information, if applicable

The grantee information helps establish who will receive the transferred interest.

Step 3. Provide the Property Description

The Quitclaim Deed must contain an accurate legal description of the property.

Include:

• Street address
• Legal description
• Parcel number, if applicable
• County and state

The legal description is more important than the physical address because it identifies the exact real estate being transferred.

Step 4. State the Consideration

The deed should explain the value exchanged for the transfer.

Consideration may include:

• Money paid
• Gift transfer
• Family transfer
• Other value exchanged

Some jurisdictions require specific consideration language for recording purposes.

Step 5. Include the Quitclaim Transfer Language

The deed should include language stating that the grantor transfers their interest to the grantee.

The transfer language generally explains that:

• The grantor releases their claim or interest
• The grantee receives the interest held by the grantor
• No warranty of title is provided

The wording should comply with applicable state requirements.

Step 6. Determine How Ownership Will Be Held

The deed may specify how the grantee will hold ownership.

Examples include:

• Individual ownership
• Joint ownership
• Tenancy arrangements
• Trust ownership

The correct ownership structure depends on the parties’ goals and applicable law.

Step 7. Include Required Tax and Recording Information

Many jurisdictions require additional information before recording.

Possible requirements include:

• Transfer tax declarations
• Tax identification information
• Mailing address for future tax notices
• Recording forms

Requirements vary by county and state.

Step 8. Review Title and Ownership Information

Although a Quitclaim Deed does not guarantee title, the parties should understand the property’s ownership situation.

Consider reviewing:

• Existing deed records
• Current owners
• Liens
• Mortgages
• Property claims

A title review helps identify potential ownership issues.

Step 9. Sign the Quitclaim Deed

The grantor must sign the deed according to applicable requirements.

The signing process may include:

• Grantor signature
• Witness signatures, if required
• Notarization

Many jurisdictions require notarization before the deed can be recorded.

Step 10. Record the Quitclaim Deed

After signing, the deed should generally be recorded with the appropriate government office.

Recording may require submission to:

• County recorder’s office
• Register of deeds
• Land records office

Recording creates an official public record of the property transfer.

Step 11. Provide Copies to the Parties

After recording, copies should be maintained by both parties.

Copies may be useful for:

• Tax records
• Estate planning
• Future property transactions
• Ownership verification

Keeping records helps preserve proof of the transfer.

How a Quitclaim Deed Works

A Quitclaim Deed transfers only the ownership interest that the grantor has at the time of transfer.

For example:

• If the grantor owns the property completely, the grantee receives that interest.
• If the grantor has limited or no ownership interest, the grantee receives only whatever interest exists.

Because there are no title guarantees, Quitclaim Deeds are usually used in situations where the parties already understand the ownership history.

Common Uses of a Quitclaim Deed

Adding a Spouse to Property Ownership

A person may use a Quitclaim Deed to add a spouse or partner to the property title.

Removing an Owner After Divorce

A Quitclaim Deed may be used to transfer one spouse’s interest to the other after a divorce agreement.

Transferring Property Between Family Members

Family members often use Quitclaim Deeds for gifts or estate planning transfers.

Transferring Property Into a Trust

A property owner may transfer ownership into a trust using a Quitclaim Deed where appropriate.

Correcting Ownership Records

A Quitclaim Deed may help correct certain ownership record issues.

Common Mistakes to Avoid

When creating a Quitclaim Deed, common mistakes include:

• Incorrect property description
• Incorrect names
• Failing to notarize the deed
• Not recording the deed
• Ignoring state or county requirements
• Assuming a Quitclaim Deed removes a mortgage obligation
• Using a Quitclaim Deed when title protection is needed

A carefully prepared deed helps ensure a smoother property transfer.

Frequently Asked Questions

What Is the Purpose of a Quitclaim Deed?

A Quitclaim Deed transfers whatever ownership interest a person has in real property to another person without guaranteeing clear title.

Does a Quitclaim Deed Prove Ownership?

A Quitclaim Deed transfers an interest but does not guarantee that the grantor has full ownership rights.

Does a Quitclaim Deed Remove Someone From a Mortgage?

No. A Quitclaim Deed changes ownership interest but generally does not remove a person from mortgage obligations.

Is a Quitclaim Deed Used for Selling Property?

Usually not. Traditional real estate sales often use Warranty Deeds or other deed types that provide greater title protection.

Does a Quitclaim Deed Need to Be Notarized?

Requirements vary by jurisdiction, but many states require notarization before recording.

Can a Quitclaim Deed Be Reversed?

Generally, a completed transfer cannot simply be reversed without cooperation from the parties or another legal process.

Conclusion

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